§ 74-317. Enforcement.

The commissioner is authorized to enforce the requirements of this article in accordance with the procedures set forth in this section.

(a)

Any person who conducts development within a buffer that is in violation of this Code shall be subject to the general penalty set out in section 1-8 (a fine not exceeding $1,000.00, imprisonment for a term not exceeding six months, or any combination thereof) and shall be required to restore or remove the unpermitted encroachment and revegetate the area per the City of Atlanta Buffer Revegetation Guidelines. Each day during which violation or failure to comply continues shall be a separate violation.

(b)

Notice of violation. If the City of Atlanta determines that a person has failed to comply with any provision of this article, it may issue a written notice of violation to such applicant or other responsible person. Such notice shall be in writing and shall be served on the applicant, owner, or the responsible person in charge of the activity being conducted on the site.

(c)

Stop work orders. The commissioner of the department of watershed management, and the commissioner of the department of city planning, and the commissioners' designee(s) are each authorized to issue stop work orders to any person that violates any provision of this article. Stop work orders may include a specific area and activity, or the entire site and all activities. Stop work orders are effective immediately and shall remain in effect until the necessary corrective actions or remedial measures have occurred. Stop work orders shall state the conditions under which the work may be resumed.

(d)

Refusal to issue certificates of occupancy or completion. The commissioner of the department of city planning or said commissioner's designee is authorized to refuse to issue certificates of occupancy or completion for the building or other improvements constructed or being constructed on a site until the owner or responsible person has taken the remedial measures as set forth in the notice of violation or stop work order, or has otherwise corrected the violations described therein.

(e)

Suspension, revocation, or modification of building permit. If the City of Atlanta determines that an applicant or other responsible person has failed to comply with any provision of this article or with the terms and conditions of an authorized encroachment, the commissioner of the department of city planning or said commissioner's designee may suspend, revoke or modify the building permit that was issued authorizing the development, and following implementation of remedial measures or mitigation to protect water quality, may reinstate the building permit.

(f)

Suspension, revocation, or modification of authorized encroachment. If the City of Atlanta determines that an applicant or other responsible person has failed to comply with the requirements of an authorized encroachment, the commissioner may suspend, revoke or modify the authorized encroachment, and following implementation of remedial measures or mitigation to protect water quality, may reinstate the authorized encroachment.

(g)

Restoration or removal of encroachment. From and after the effective date of this ordinance, development within a buffer that is in violation of this article shall constitute a nuisance per se and shall be unlawful. The solicitor or city attorney is authorized to file such actions as may be necessary to remedy the encroachment in the buffer, including petition for a restraining order, injunction, abatement, or any other appropriate legal action or proceeding in a court of competent jurisdiction to prevent, restrain, or abate an unlawful use or activity.

(Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O-0058), § 18, 4-27-10; Ord. No. 2017-14(17-O-1157) , § 6, 4-26-17)